The Official Journal for College of Law and Political Science, Alnoor University

The implications of the concept of legal criminal security

Volume 2, 1.S
Special Issue from Conference Proceedings 2025
Spring 2025
Pages 37-49

Document Type : Original Article

Author

College of Law\ Tikrit University

Abstract
Legal certainty emerged as a concept in the mid-1950s when the Federal Constitutional Court in Germany adopted the idea، followed by the European Court of Human Rights، and later embraced by the French Constitutional Council. The adoption of this concept led to its development، clarification of its foundations، and specification of the effects resulting from its adoption. Stability in criminal law is a goal for legislators، as frequent amendments confuse those subject to the law and its implementers. This situation creates a demand for more punitive legislation، leading to unnecessary legislative inflation. Additionally، the confidence of those subject to the criminal text has become essential; they must understand the scope of the law، and judges should not waste time applying the text، especially with the increasing number and variety of crimes. Existing laws have failed to limit crime، achieve deterrence، or rehabilitate offenders. The stability of criminal text can only be attained through easy and smooth access to it، and legitimate trust in criminal laws can only be established through a necessity that justifies their enactment، ensuring a balance between the act (the crime) and the reaction to it (criminalization and punishment).

Keywords

https://scholar.google.com/scholar?q=%2210.69513/jnfls.v2.i1.a4%22
  • Receive Date 26 February 2025
  • Revise Date 07 March 2025
  • Accept Date 17 May 2025
  • Publish Date 01 June 2025